1.1 	A bill for an act
1.2 	relating to data practices; clarifying duties and classifications; making technical 
1.3 	changes; providing for access to and classifications of data;amending Minnesota 
1.4 	Statutes 2006, sections 13.02, subdivisions 8, 11; 13.04, subdivisions 3, 4; 
1.5 	13.05, subdivision 10; 13.072, subdivision 1; 13.08, subdivision 4; 13.32, 
1.6 	subdivision 5; 13.35; 13.355, subdivision 1; 13.384, subdivisions 1, 2; 13.39, 
1.7 	subdivisions 1, 2, 2a, 3; 13.392, subdivision 1; 13.393; 13.40, subdivisions 1, 
1.8 	3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7, 9, 10, 11; 13.435; 13.44, 
1.9 	subdivisions 1, 2, 3; 13.462; 13.48; 13.4965, subdivision 3; 13.552, subdivision 
1.10 	3; 13.591, subdivision 4; 13.72, by adding subdivisions; 13.861, subdivision 1; 
1.11 	13.87, subdivisions 1, 2; 84.0274, subdivision 5; 122A.33, subdivision 3; 171.07, 
1.12 	subdivision 1a; 270B.01, subdivision 8; 270B.02, subdivision 3; 270B.085, by 
1.13 	adding a subdivision; 270B.14, subdivision 3; 273.1315; proposing coding for 
1.14 	new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2006, 
1.15 	section 13.79, subdivision 2.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2006, section 13.02, subdivision 8, is amended to read:
1.18 		Subd. 8.Individual. "Individual" means a natural person. In the case of a minor or 
1.19 	an individual adjudged mentally incompetent incapacitated person as defined in section 
1.20 	524.5-102, subdivision 6, "individual" includes a parent or guardian or an individual 
1.21 	acting as a parent or guardian in the absence of a parent or guardian, except that the 
1.22 	responsible authority shall withhold data from parents or guardians, or individuals acting 
1.23 	as parents or guardians in the absence of parents or guardians, upon request by the minor 
1.24 	if the responsible authority determines that withholding the data would be in the best 
1.25 	interest of the minor.

1.26 	Sec. 2. Minnesota Statutes 2006, section 13.02, subdivision 11, is amended to read:
2.1 		Subd. 11.Political subdivision. "Political subdivision" means any county, statutory 
2.2 	or home rule charter city, school district, special district, any town exercising powers 
2.3 	under chapter 368 and located in the metropolitan area, as defined in section 473.121, 
2.4 	subdivision 2, and any board, commission, district or authority created pursuant to law, 
2.5 	local ordinance or charter provision. It includes any nonprofit corporation which is a 
2.6 	community action agency organized pursuant to the Economic Opportunity Act of 1964 
2.7 	(Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social 
2.8 	service agency which performs services under contract to any political subdivision, 
2.9 	statewide system or state agency a government entity, to the extent that the nonprofit social 
2.10 	service agency or nonprofit corporation collects, stores, disseminates, and uses data on 
2.11 	individuals because of a contractual relationship with state agencies, political subdivisions 
2.12 	or statewide systems a government entity. 

2.13 	Sec. 3. Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:
2.14 		Subd. 3.Access to data by individual. Upon request to a responsible authority
2.15 	or designee, an individual shall be informed whether the individual is the subject of 
2.16 	stored data on individuals, and whether it is classified as public, private or confidential. 
2.17 	Upon further request, an individual who is the subject of stored private or public data on 
2.18 	individuals shall be shown the data without any charge and, if desired, shall be informed 
2.19 	of the content and meaning of that data. After an individual has been shown the private 
2.20 	data and informed of its meaning, the data need not be disclosed to that individual for 
2.21 	six months thereafter unless a dispute or action pursuant to this section is pending or 
2.22 	additional data on the individual has been collected or created. The responsible authority 
2.23 	or designee shall provide copies of the private or public data upon request by the individual 
2.24 	subject of the data. The responsible authority or designee may require the requesting 
2.25 	person to pay the actual costs of making,and certifying, and compiling the copies.
2.26 	The responsible authority or designee shall comply immediately, if possible, with 
2.27 	any request made pursuant to this subdivision, or within ten days of the date of the request, 
2.28 	excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

2.29 	Sec. 4. Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:
2.30 		Subd. 4.Procedure when data is not accurate or complete. (a) An individual 
2.31 	subject of the data may contest the accuracy or completeness of public or private data. 
2.32 	To exercise this right, an individual shall notify in writing the responsible authority 
2.33 	describing the nature of the disagreement. The responsible authority shall within 30 days 
2.34 	either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past 
3.1 	recipients of inaccurate or incomplete data, including recipients named by the individual; 
3.2 	or (2) notify the individual that the authority believes the data to be correct. Data in 
3.3 	dispute shall be disclosed only if the individual's statement of disagreement is included 
3.4 	with the disclosed data.
3.5 	The determination of the responsible authority may be appealed pursuant to the 
3.6 	provisions of the Administrative Procedure Act relating to contested cases. Upon receipt 
3.7 	of an appeal by an individual, the commissioner shall, before issuing the order and notice 
3.8 	of a contested case hearing required by chapter 14, try to resolve the dispute through 
3.9 	education, conference, conciliation, or persuasion. If the parties consent, the commissioner 
3.10 	may refer the matter to mediation. Following these efforts, the commissioner shall dismiss 
3.11 	the appeal or issue the order and notice of hearing.
3.12 	(b) Data on individuals that have been successfully challenged by an individual must 
3.13 	be completed, corrected, or destroyed by a state agency, political subdivision, or statewide 
3.14 	systemgovernment entity without regard to the requirements of section 138.17.
3.15 	After completing, correcting, or destroying successfully challenged data, a 
3.16 	government entity may retain a copy of the commissioner of administration's order issued 
3.17 	under chapter 14 or, if no order were issued, a summary of the dispute between the parties 
3.18 	that does not contain any particulars of the successfully challenged data.

3.19 	Sec. 5. Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:
3.20 		Subd. 10.International dissemination. No state agency or political subdivision
3.21 	government entity shall transfer or disseminate any private or confidential data on 
3.22 	individuals to the private international organization known as Interpol, except through the 
3.23 	Interpol-United States National Central Bureau, United States Department of Justice.

3.24 	Sec. 6. Minnesota Statutes 2006, section 13.072, subdivision 1, is amended to read:
3.25 		Subdivision 1.Opinion; when required. (a) Upon request of a government entity, 
3.26 	the commissioner may give a written opinion on any question relating to public access 
3.27 	to government data, rights of subjects of data, or classification of data under this chapter 
3.28 	or other Minnesota statutes governing government data practices. Upon request of any 
3.29 	person who disagrees with a determination regarding data practices made by a government 
3.30 	entity, the commissioner may give a written opinion regarding the person's rights as a 
3.31 	subject of government data or right to have access to government data.
3.32 	(b) Upon request of a body subject to chapter 13D, the commissioner may give a 
3.33 	written opinion on any question relating to the body's duties under chapter 13D. Upon 
3.34 	request of a person who disagrees with the manner in which members of a governing body 
4.1 	perform their duties under chapter 13D, the commissioner may give a written opinion 
4.2 	on compliance with chapter 13D. A governing body or person requesting an opinion 
4.3 	under this paragraph must pay the commissioner a fee of $200. Money received by the 
4.4 	commissioner under this paragraph is appropriated to the commissioner for the purposes 
4.5 	of this section.
4.6 	(c) If the commissioner determines that no opinion will be issued, the commissioner 
4.7 	shall give the government entity or body subject to chapter 13D or person requesting 
4.8 	the opinion notice of the decision not to issue the opinion within five business days of 
4.9 	receipt of the request. If this notice is not given, the commissioner shall issue an opinion 
4.10 	within 20 days of receipt of the request.
4.11 	(d) For good cause and upon written notice to the person requesting the opinion, 
4.12 	the commissioner may extend this deadline for one additional 30-day period. The notice 
4.13 	must state the reason for extending the deadline. The government entity or the members 
4.14 	of a body subject to chapter 13D must be provided a reasonable opportunity to explain the 
4.15 	reasons for its decision regarding the data or how they perform their duties under chapter 
4.16 	13D. The commissioner or the government entity or body subject to chapter 13D may 
4.17 	choose to give notice to the subject of the data concerning the dispute regarding the data 
4.18 	or compliance with chapter 13D.
4.19 	(e) This section does not apply to a determination made by the commissioner of 
4.20 	health under section 13.3805, subdivision 1, paragraph (b), or 144.6581. 
4.21 	(f) A written, numbered, and published  opinion issued by the attorney general shall 
4.22 	take precedence over an opinion issued by the commissioner under this section.

4.23 	Sec. 7. Minnesota Statutes 2006, section 13.08, subdivision 4, is amended to read:
4.24 		Subd. 4.Action to compel compliance. (a) In addition to the remedies provided in 
4.25 	subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's 
4.26 	rights under this chapter or obtain access to data may bring an action in district court to 
4.27 	compel compliance with this chapter and may recover costs and disbursements, including 
4.28 	reasonable attorney's fees, as determined by the court. If the court determines that an 
4.29 	action brought under this subdivision is frivolous and without merit and a basis in fact, it 
4.30 	may award reasonable costs and attorney fees to the responsible authority. If the court 
4.31 	issues an order to compel compliance under this subdivision, the court may impose a civil 
4.32 	penalty of up to $300 against the government entity. This penalty is payable to the state 
4.33 	general fund and is in addition to damages under subdivision 1. The matter shall be heard 
4.34 	as soon as possible. In an action involving a request for government data under section 
4.35 	13.03 or 13.04, the court may inspect in camera the government data in dispute, but shall 
5.1 	conduct its hearing in public and in a manner that protects the security of data classified as 
5.2 	not public. If the court issues an order to compel compliance under this subdivision, the 
5.3 	court shall forward a copy of the order to the commissioner of administration. 
5.4 	(b) In determining whether to assess a civil penalty under this subdivision, the court 
5.5 	shall consider whether the government entity has substantially complied with general 
5.6 	data practices under this chapter, including but not limited to, whether the government 
5.7 	entity has:
5.8 	(1) designated a responsible authority under section 13.02, subdivision 16; 
5.9 	(2) designated a data practices compliance official under section 13.05, subdivision 
5.10 	13; 
5.11 	(3) prepared the public document that names the responsible authority and describes 
5.12 	the records and data on individuals that are maintained by the government entity under 
5.13 	section 13.05, subdivision 1; 
5.14 	(4) developed public access procedures under section 13.03, subdivision 2; 
5.15 	procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and 
5.16 	procedures to ensure that data on individuals are accurate and complete and to safeguard 
5.17 	the data's security under section 13.05, subdivision 5; 
5.18 	(5) sought an oral, written, or electronic opinion from the commissioner of 
5.19 	administration related to the matter at issue and acted in conformity with that opinion or
5.20 	acted in conformity with an opinion issued under section 13.072 that was sought by a 
5.21 	government entity or another person; or 
5.22 	(6) provided ongoing training to government entity personnel who respond to 
5.23 	requests under this chapter.
5.24 	(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has 
5.25 	brought an action under this subdivision if the government entity that is the defendant in 
5.26 	the action was also the subject of a written opinion issued under section 13.072 and the 
5.27 	court finds that the opinion is directly related to the cause of action being litigated and that 
5.28 	the government entity did not act in conformity with the opinion. 

5.29 	Sec. 8. Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:
5.30 		Subd. 5.Directory information. Information designated as directory information 
5.31 	pursuant to the provisions of United States Code, title 20, section 1232g and Code of 
5.32 	Federal Regulations, title 34, section  99.37which are in effect on July 1, 1993, is public 
5.33 	data on individuals. When conducting the directory information designation and notice 
5.34 	process required by federal law, an educational agency or institution shall give parents and 
5.35 	students notice of the right to refuse to let the agency or institution designate any or all 
6.1 	data about the student as directory information. This notice may be given by any means 
6.2 	reasonably likely to inform the parents and students of the right. 

6.3 	Sec. 9. Minnesota Statutes 2006, section 13.35, is amended to read:
6.4 	13.35 FEDERAL CONTRACTS DATA.
6.5 	To the extent that a federal agency requires it as a condition for contracting with 
6.6 	a state agency or political subdivision government entity, all government data collected 
6.7 	and maintained by the state agency or political subdivisiongovernment entity because 
6.8 	that agency contracts with the federal agency are classified as either private or nonpublic 
6.9 	depending on whether the data are data on individuals or data not on individuals.

6.10 	Sec. 10. Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:
6.11 		Subdivision 1.General. The Social Security numbers of individuals, whether 
6.12 	provided in whole or in part, collected or maintained by a state agency, statewide system, 
6.13 	or political subdivisiongovernment entity are private data on individuals, except to the 
6.14 	extent that access to the Social Security number is specifically authorized by law.

6.15 	Sec. 11. Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:
6.16 		Subdivision 1.Definition. As used in this section:
6.17 	(a) "Directory information" means name of the patient, date admitted, and general 
6.18 	condition.
6.19 	(b) "Medical data" means data collected because an individual was or is a patient 
6.20 	or client of a hospital, nursing home, medical center, clinic, health or nursing agency 
6.21 	operated by a state agency or political subdivisiongovernment entity including business 
6.22 	and financial records, data provided by private health care facilities, and data provided by 
6.23 	or about relatives of the individual.

6.24 	Sec. 12. Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:
6.25 		Subd. 2.Public hospitals; directory information. (a) During the time that a person 
6.26 	is a patient in a hospital operated by a state agency or political subdivisiongovernment 
6.27 	entity under legal commitment, directory information is public data. After the person is 
6.28 	released by termination of the person's legal commitment, the directory information is 
6.29 	private data on individuals.
6.30 	(b) If a person is a patient other than pursuant to commitment in a hospital controlled 
6.31 	by a state agency or political subdivision government entity, directory information is public 
6.32 	data unless the patient requests otherwise, in which case it is private data on individuals.
7.1 	(c) Directory information about an emergency patient who is unable to communicate 
7.2 	which is public under this subdivision shall not be released until a reasonable effort is made 
7.3 	to notify the next of kin. Although an individual has requested that directory information 
7.4 	be private, the hospital may release directory information to a law enforcement agency 
7.5 	pursuant to a lawful investigation pertaining to that individual.

7.6 	Sec. 13. Minnesota Statutes 2006, section 13.39, subdivision 1, is amended to read:
7.7 		Subdivision 1.Definitions. A "pending civil legal action" includes but is not 
7.8 	limited to judicial, administrative or arbitration proceedings. Whether a civil legal action 
7.9 	is pending shall be determined by the chief attorney acting for the state agency, political 
7.10 	subdivision or statewide system government entity.

7.11 	Sec. 14. Minnesota Statutes 2006, section 13.39, subdivision 2, is amended to read:
7.12 		Subd. 2.Civil actions. (a) Except as provided in paragraph (b), data collected 
7.13 	by state agencies, political subdivisions, or statewide systems as part of an active 
7.14 	investigation undertaken for the purpose of the commencement or defense of a pending 
7.15 	civil legal action, or which are retained in anticipation of a pending civil legal action, are 
7.16 	classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the 
7.17 	case of data not on individuals and confidential pursuant to section 13.02, subdivision 
7.18 	3, in the case of data on individuals. Any agency, political subdivision, or statewide 
7.19 	system may make any data classified as confidential or protected nonpublic pursuant to 
7.20 	this subdivision accessible to any person, agency or the public if the agency, political 
7.21 	subdivision, or statewide system determines that the access will aid the law enforcement 
7.22 	process, promote public health or safety or dispel widespread rumor or unrest. 
7.23 	(b) A complainant has access to a statement provided by the complainant to a state 
7.24 	agency, statewide system, or political subdivisiongovernment entity under paragraph (a).

7.25 	Sec. 15. Minnesota Statutes 2006, section 13.39, subdivision 2a, is amended to read:
7.26 		Subd. 2a.Disclosure of data. During the time when a civil legal action is 
7.27 	determined to be pending under subdivision 1, any person may bring an action in the 
7.28 	district court in the county where the data is maintained to obtain disclosure of data 
7.29 	classified as confidential or protected nonpublic under subdivision 2. The court may order 
7.30 	that all or part of the data be released to the public or to the person bringing the action. In 
7.31 	making the determination whether data shall be disclosed, the court shall consider whether 
7.32 	the benefit to the person bringing the action or to the public outweighs any harm to the 
8.1 	public, the agency government entity, or any person identified in the data. The data in 
8.2 	dispute shall be examined by the court in camera.

8.3 	Sec. 16. Minnesota Statutes 2006, section 13.39, subdivision 3, is amended to read:
8.4 		Subd. 3.Inactive investigative data. Inactive civil investigative data are public, 
8.5 	unless the release of the data would jeopardize another pending civil legal action, and 
8.6 	except for those portions of a civil investigative file that are classified as not public data by 
8.7 	this chapter or other law. Any civil investigative data presented as evidence in court or 
8.8 	made part of a court record shall be public. Civil investigative data become inactive upon 
8.9 	the occurrence of any of the following events:
8.10 	(1) a decision by the state agency, political subdivision, or statewide system
8.11 	government entity or by the chief attorney acting for the state agency, political subdivision, 
8.12 	or statewide systemgovernment entity not to pursue the civil action;
8.13 	(2) expiration of the time to file a complaint under the statute of limitations or 
8.14 	agreement applicable to the civil action; or
8.15 	(3) exhaustion of or expiration of rights of appeal by either party to the civil action.
8.16 	Data determined to be inactive under clause (1) may become active if the state 
8.17 	agency, political subdivision, statewide system government entity, or its attorney decides 
8.18 	to renew the civil action.

8.19 	Sec. 17. Minnesota Statutes 2006, section 13.392, subdivision 1, is amended to read:
8.20 		Subdivision 1.Confidential data or protected nonpublic data. Data, notes, and 
8.21 	preliminary drafts of reports created, collected, and maintained by the internal audit offices 
8.22 	of state agencies and political subdivisions government entities, or persons performing 
8.23 	audits for state agencies and political subdivisions government entities, and relating to 
8.24 	an audit or investigation are confidential data on individuals or protected nonpublic data 
8.25 	until the final report has been published or the audit or investigation is no longer being 
8.26 	pursued actively, except that the data shall be disclosed as required to comply with section 
8.27 	6.67 or 609.456. This section does not limit in any way: 
8.28 	(1) the state auditor's access to government data of political subdivisions or 
8.29 	data, notes, or preliminary drafts of reports of persons performing audits for political 
8.30 	subdivisions; or
8.31 	(2) the public or a data subject's access to data classified by section 13.43.

8.32 	Sec. 18. Minnesota Statutes 2006, section 13.393, is amended to read:
8.33 	13.393 ATTORNEYS.
9.1 	Notwithstanding the provisions of this chapter and section 15.17, the use, collection, 
9.2 	storage, and dissemination of data by an attorney acting in a professional capacity for the 
9.3 	state, a state agency or a political subdivisiona government entity shall be governed by 
9.4 	statutes, rules, and professional standards concerning discovery, production of documents, 
9.5 	introduction of evidence, and professional responsibility; provided that this section shall 
9.6 	not be construed to affect the applicability of any statute, other than this chapter and section 
9.7 	15.17, which specifically requires or prohibits disclosure of specific information by the 
9.8 	attorney, nor shall this section be construed to relieve any responsible authority, other than 
9.9 	the attorney, from duties and responsibilities pursuant to this chapter and section 15.17. 

9.10 	Sec. 19. Minnesota Statutes 2006, section 13.40, subdivision 1, is amended to read:
9.11 		Subdivision 1.Records subject to this chapter. (a) For purposes of this section, 
9.12 	"historical records repository" means an archives or manuscript repository operated by 
9.13 	any state agency, statewide system, or political subdivisiona government entity whose 
9.14 	purpose is to collect and maintain data to further the history of a geographic or subject 
9.15 	area. The term does not include the state archives as defined in section 138.17, subdivision 
9.16 	1, clause (5). 
9.17 	(b) Data collected, maintained, used, or disseminated by a library or historical 
9.18 	records repository operated by any state agency, political subdivision, or statewide system
9.19 	a government entity shall be administered in accordance with the provisions of this chapter.

9.20 	Sec. 20. Minnesota Statutes 2006, section 13.40, subdivision 3, is amended to read:
9.21 		Subd. 3.Nongovernmental data. Data held in the custody of a historical records 
9.22 	repository that were not originally created, received, maintained, or disseminated by 
9.23 	a state agency, statewide system, or political subdivisiongovernment entity are not 
9.24 	government data. These data are accessible to the public unless:
9.25 	(1) the data are contributed by private persons under an agreement that restricts 
9.26 	access, to the extent of any lawful limitation; or
9.27 	(2) access would significantly endanger the physical or organizational integrity of 
9.28 	the data.

9.29 	Sec. 21. Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:
9.30 		Subd. 3.Board of Peace Officer Standards and Training. The following 
9.31 	government data of the Board of Peace Officer Standards and Training are private data:
9.32 	(1) home addresses of licensees and applicants for licenses; and
10.1 	(2) data that identify the state agency, statewide system, or political subdivision
10.2 	government entity that employs a licensed peace officer.
10.3 	The board may disseminate private data on applicants and licensees as is necessary 
10.4 	to administer law enforcement licensure or to provide data under section 626.845, 
10.5 	subdivision 1, to law enforcement agencies who are conducting employment background 
10.6 	investigations. 

10.7 	Sec. 22. Minnesota Statutes 2006, section 13.43, subdivision 2, is amended to read:
10.8 		Subd. 2.Public data. (a) Except for employees described in subdivision 5 and 
10.9 	subject to the limitations described in subdivision 5a, the following personnel data on 
10.10 	current and former employees, volunteers, and independent contractors of a government 
10.11 	entity is public:
10.12 	(1) name; employee identification number, which must not be the employee's Social 
10.13 	Security number; actual gross salary; salary range; contract fees; actual gross pension; the 
10.14 	value and nature of employer paid fringe benefits; and the basis for and the amount of any 
10.15 	added remuneration, including expense reimbursement, in addition to salary;
10.16 	(2) job title and bargaining unit; job description; education and training background; 
10.17 	and previous work experience;
10.18 	(3) date of first and last employment;
10.19 	(4) the existence and status of any complaints or charges against the employee, 
10.20 	regardless of whether the complaint or charge resulted in a disciplinary action;
10.21 	(5) the final disposition of any disciplinary action together with the specific reasons 
10.22 	for the action and data documenting the basis of the action, excluding data that would 
10.23 	identify confidential sources who are employees of the public body;
10.24 	(6) the terms of any agreement settling any dispute arising out of an employment 
10.25 	relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, 
10.26 	paragraph (a); except that the agreement must include specific reasons for the agreement if 
10.27 	it involves the payment of more than $10,000 of public money;
10.28 	(7) work location; a work telephone number; badge number; and honors and awards 
10.29 	received; and
10.30 	(8) payroll time sheets or other comparable data that are only used to account for 
10.31 	employee's work time for payroll purposes, except to the extent that release of time sheet 
10.32 	data would reveal the employee's reasons for the use of sick or other medical leave 
10.33 	or other not public data.
10.34 	(b) For purposes of this subdivision, a final disposition occurs when the state agency, 
10.35 	statewide system, or political subdivisiongovernment entity makes its final decision about 
11.1 	the disciplinary action, regardless of the possibility of any later proceedings or court 
11.2 	proceedings. In the case of arbitration proceedings arising under collective bargaining 
11.3 	agreements, a final disposition occurs at the conclusion of the arbitration proceedings, 
11.4 	or upon the failure of the employee to elect arbitration within the time provided by the 
11.5 	collective bargaining agreement. Final disposition includes a resignation by an individual 
11.6 	when the resignation occurs after the final decision of the state agency, statewide system, 
11.7 	political subdivision government entity, or arbitrator.
11.8 	(c) The state agency, statewide system, or political subdivisiongovernment entity 
11.9 	may display a photograph of a current or former employee to a prospective witness as 
11.10 	part of the state agency's, statewide system's, or political subdivision'sgovernment entity's 
11.11 	investigation of any complaint or charge against the employee.
11.12 	(d) A complainant has access to a statement provided by the complainant to a state 
11.13 	agency, statewide system, or political subdivisiongovernment entity in connection with a 
11.14 	complaint or charge against an employee.
11.15 	(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation 
11.16 	of a complaint or charge against a public official, or if a public official resigns or is 
11.17 	terminated from employment while the complaint or charge is pending, all data relating to 
11.18 	the complaint or charge are public, unless access to the data would jeopardize an active 
11.19 	investigation or reveal confidential sources. For purposes of this paragraph, "public 
11.20 	official" means:
11.21 	(1) the head of a state agency and deputy and assistant state agency heads;
11.22 	(2) members of boards or commissions required by law to be appointed by the 
11.23 	governor or other elective officers; and
11.24 	(3) executive or administrative heads of departments, bureaus, divisions, or 
11.25 	institutions.

11.26 	Sec. 23. Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:
11.27 		Subd. 5.Undercover law enforcement officer. All personnel data maintained by 
11.28 	any state agency, statewide system or political subdivisiona government entity relating 
11.29 	to an individual employed as or an applicant for employment as an undercover law 
11.30 	enforcement officer are private data on individuals. When the individual is no longer 
11.31 	assigned to an undercover position, the data described in subdivisions 2 and 3 become 
11.32 	public unless the law enforcement agency determines that revealing the data would 
11.33 	threaten the personal safety of the officer or jeopardize an active investigation.

11.34 	Sec. 24. Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:
12.1 		Subd. 7.Employee assistance data. All data created, collected or maintained by 
12.2 	any state agency or political subdivisiona government entity to administer employee 
12.3 	assistance programs similar to the one authorized by section 43A.319 are classified as 
12.4 	private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to 
12.5 	authorize the establishment of employee assistance programs. 

12.6 	Sec. 25. Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:
12.7 		Subd. 9.Peer counseling debriefing data. (a) Data acquired by a peer group 
12.8 	member in a public safety peer counseling debriefing is private data on the person being 
12.9 	debriefed.
12.10 	(b) For purposes of this subdivision, "public safety peer counseling debriefing" 
12.11 	means a group process oriented debriefing session held for peace officers, firefighters, 
12.12 	medical emergency persons, dispatchers, or other persons involved with public safety 
12.13 	emergency services, that is established by any agencygovernment entity providing 
12.14 	public safety emergency services and is designed to help a person who has suffered an 
12.15 	occupation-related traumatic event begin the process of healing and effectively dealing 
12.16 	with posttraumatic stress.

12.17 	Sec. 26. Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:
12.18 		Subd. 10.Prohibition on agreements limiting disclosure or discussion of 
12.19 	personnel data. (a) A state agency, statewide system, or political subdivisiongovernment 
12.20 	entity may not enter into an agreement settling a dispute arising out of the employment 
12.21 	relationship with the purpose or effect of limiting access to or disclosure of personnel 
12.22 	data or limiting the discussion of information or opinions related to personnel data. 
12.23 	An agreement or portion of an agreement that violates this paragraph is void and 
12.24 	unenforceable.
12.25 	(b) Paragraph (a) applies to the following, but only to the extent that the data or 
12.26 	information could otherwise be made accessible to the public:
12.27 	(1) an agreement not to discuss, publicize, or comment on personnel data or 
12.28 	information;
12.29 	(2) an agreement that limits the ability of the subject of personnel data to release or 
12.30 	consent to the release of data; or
12.31 	(3) any other provision of an agreement that has the effect of limiting the disclosure 
12.32 	or discussion of information that could otherwise be made accessible to the public, except 
12.33 	a provision that limits the ability of an employee to release or discuss private data that 
12.34 	identifies other employees.
13.1 	(c) Paragraph (a) also applies to a court order that contains terms or conditions 
13.2 	prohibited by paragraph (a).

13.3 	Sec. 27. Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:
13.4 		Subd. 11.Protection of employee or others. (a) If the responsible authority 
13.5 	or designee of a state agency, statewide system, or political subdivisiongovernment 
13.6 	entity reasonably determines that the release of personnel data is necessary to protect an 
13.7 	employee from harm to self or to protect another person who may be harmed by the 
13.8 	employee, data that are relevant to the concerns for safety may be released as provided 
13.9 	in this subdivision.
13.10 	(b) The data may be released:
13.11 	(1) to the person who may be harmed and to an attorney representing the person 
13.12 	when the data are relevant to obtaining a restraining order;
13.13 	(2) to a prepetition screening team conducting an investigation of the employee 
13.14 	under section 253B.07, subdivision 1; or 
13.15 	(3) to a court, law enforcement agency, or prosecuting authority.
13.16 	(c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this 
13.17 	subdivision, except to the extent that the data have a more restrictive classification in the 
13.18 	possession of the agency or authority that receives the data. If the person who may be 
13.19 	harmed or the person's attorney receives data under this subdivision, the data may be used 
13.20 	or released further only to the extent necessary to protect the person from harm. 

13.21 	Sec. 28. Minnesota Statutes 2006, section 13.435, is amended to read:
13.22 	13.435 SALARY BENEFIT SURVEY DATA.
13.23 	Salary and personnel benefit survey data purchased from consulting firms, nonprofit 
13.24 	corporations or associations or obtained from employers with the written understanding 
13.25 	that the data shall not be made public which is maintained by state agencies, political 
13.26 	subdivisions or statewide systemsgovernment entities are classified as nonpublic pursuant 
13.27 	to section 13.02, subdivision 9. 

13.28 	Sec. 29. Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:
13.29 		Subdivision 1.Real property; complaint data. The identities of individuals who 
13.30 	register complaints with state agencies or political subdivisionsgovernment entities 
13.31 	concerning violations of state laws or local ordinances concerning the use of real property 
13.32 	are classified as confidential data, pursuant to section 13.02, subdivision 3. 

14.1 	Sec. 30. Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:
14.2 		Subd. 2.Real property; building code violations. Code violation records 
14.3 	pertaining to a particular parcel of real property and the buildings, improvements, and 
14.4 	dwelling units located on it that are kept by any state, county, or city agency charged 
14.5 	by the governing body of the appropriate political subdivisiongovernment entity with 
14.6 	the responsibility for enforcing a state, county, or city health, housing, building, fire 
14.7 	prevention, or housing maintenance code are public data; except as otherwise provided by 
14.8 	section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7. 

14.9 	Sec. 31. Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:
14.10 		Subd. 3.Real property; appraisal data. (a) Confidential or protected nonpublic 
14.11 	data. Estimated or appraised values of individual parcels of real property that are made by 
14.12 	personnel of the state or a political subdivisiona government entity or by independent 
14.13 	appraisers acting for the state or a political subdivisiona government entity for the 
14.14 	purpose of selling or acquiring land through purchase or condemnation are classified as 
14.15 	confidential data on individuals or protected nonpublic data.
14.16 	(b) Private or nonpublic data. Appraised values of individual parcels of real 
14.17 	property that are made by appraisers working for fee owners or contract purchasers who 
14.18 	have received an offer to purchase their property from the state or a political subdivision
14.19 	a government entity are classified as private data on individuals or nonpublic data.
14.20 	(c) Public data. The data made confidential or protected nonpublic under paragraph 
14.21 	(a) or made private or nonpublic under paragraph (b) become public upon the occurrence 
14.22 	of any of the following:
14.23 	(1) the data are submitted to a court-appointed condemnation commissioner;
14.24 	(2) the data are presented in court in condemnation proceedings; or
14.25 	(3) the negotiating parties enter into an agreement for the purchase and sale of the 
14.26 	property.

14.27 	Sec. 32. Minnesota Statutes 2006, section 13.462, is amended to read:
14.28 	13.462 BENEFIT DATA.
14.29 		Subdivision 1.Definition. As used in this section, "benefit data" means data on 
14.30 	individuals collected or created because an individual seeks information about becoming, 
14.31 	is, or was an applicant for or a recipient of benefits or services provided under various 
14.32 	housing, home ownership, rehabilitation and community action agency, Head Start, 
14.33 	and food assistance programs administered by state agencies, political subdivisions, or 
15.1 	statewide systems government entities. Benefit data does not include welfare data which 
15.2 	shall be administered in accordance with section 13.46. 
15.3 		Subd. 2.Public data. The names and addresses of applicants for and recipients of 
15.4 	benefits, aid, or assistance through programs administered by any political subdivision, 
15.5 	state agency, or statewide systema government entity that are intended to assist with the 
15.6 	purchase, rehabilitation, or other purposes related to housing or other real property are 
15.7 	classified as public data on individuals. If an applicant or recipient is a corporation, the 
15.8 	names and addresses of the officers of the corporation are public data on individuals. If 
15.9 	an applicant or recipient is a partnership, the names and addresses of the partners are 
15.10 	public data on individuals. The amount or value of benefits, aid, or assistance received 
15.11 	is public data.
15.12 		Subd. 3.Private data. Unless otherwise provided by law, all other benefit data are 
15.13 	private data on individuals, and shall not be disclosed except pursuant to court order or to 
15.14 	an agent of the state agency, political subdivision, or statewide system government entity, 
15.15 	including appropriate law enforcement personnel, who are acting in an investigation or 
15.16 	prosecution of a criminal or civil proceeding relating to the administration of a program 
15.17 	described in subdivision 1.

15.18 	Sec. 33. Minnesota Statutes 2006, section 13.48, is amended to read:
15.19 	13.48 AWARD DATA.
15.20 	Financial data on business entities submitted to a state agency, statewide system, or 
15.21 	political subdivisiongovernment entity for the purpose of presenting awards to business 
15.22 	entities for achievements in business development or performance are private data on 
15.23 	individuals or nonpublic data.

15.24 	Sec. 34. Minnesota Statutes 2006, section 13.4965, subdivision 3, is amended to read:
15.25 		Subd. 3.Homestead applications. The classification and disclosure of certain 
15.26 	information collected to determine homestead classification are governed by section
15.27 	sections 273.124, subdivision 13, and 273.1315, subdivision 2. 

15.28 	Sec. 35. Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:
15.29 		Subd. 3.Data provided under subpoena. Data supplied by a state agency, 
15.30 	statewide system, or political subdivisiongovernment entity pursuant to a subpoena issued 
15.31 	by the commissioner of human rights is governed by section 363A.06, subdivision 2. 

15.32 	Sec. 36. Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:
16.1 		Subd. 4.Classification of evaluative data; data sharing. (a) Data created or 
16.2 	maintained by a government entity as part of the selection or evaluation process referred 
16.3 	to in this section are protected nonpublic data until completion of the selection process or 
16.4 	completion of the evaluation process at which time the data are public with the exception 
16.5 	of trade secret data as defined and classified in section 13.37.
16.6 	(b) If a state agencygovernment entity asks employees of other state agencies
16.7 	government entities to assist with the selection of the responses to a request for bid or the 
16.8 	evaluation of responses to a request for proposal, the state agencygovernment entity may 
16.9 	share not public data in the responses with those employees. The employees participating 
16.10 	in the selection or evaluation may not further disseminate the not public data they review.

16.11 	Sec. 37. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision 
16.12 	to read:
16.13 		Subd. 14.Market research data; classification. (a) Names, home addresses 
16.14 	except for zip codes, home e-mail addresses, and home telephone numbers obtained 
16.15 	for or received in response to a survey conducted by or on behalf of the Department of 
16.16 	Transportation are classified as private data on individuals.
16.17 	(b) Business names, business addresses except for zip codes, business e-mail 
16.18 	addresses, and business telephone numbers obtained for or received in response to a 
16.19 	survey conducted by or on behalf of the Department of Transportation are classified 
16.20 	as nonpublic data.

16.21 	Sec. 38. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision 
16.22 	to read:
16.23 		Subd. 15.Overhead rate data. Financial statements and shareholder financial data 
16.24 	provided to the commissioner of transportation by a consultant in order to establish its 
16.25 	overhead rate, and the schedule of audit adjustments and the overhead rate schedule 
16.26 	prepared by the Department of Transportation in order to establish the overhead rate for a 
16.27 	consultant are classified as nonpublic data or private data on individuals. The overhead 
16.28 	rate percentage is public data.

16.29 	Sec. 39. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision 
16.30 	to read:
16.31 		Subd. 16.Bid escrow data. Bid documentation held in escrow by the Department 
16.32 	of Transportation is classified as nonpublic data. Data on individuals in the bid 
16.33 	documentation are classified as private data on individuals. "Bid documentation" means 
17.1 	all writings, working papers, computer printout charts, and other data calculations used 
17.2 	by a contractor to determine its bid in bidding for a contract. The bid documentation 
17.3 	includes, but is not limited to, the contractor's costs for operating each piece of equipment 
17.4 	owned by the contractor, the contractor's overhead costs and its calculated overhead rate, 
17.5 	the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic 
17.6 	extensions, and the rates and quotations from subcontractors and material suppliers to 
17.7 	the extent that the rates and quotations were used by the contractor in formulating and 
17.8 	determining the amount of the bid.

17.9 	Sec. 40. [13.7908] BUREAU OF MEDIATION SERVICES DATA.
17.10 		Subdivision 1.Representation data. Authorization signatures or cards furnished in 
17.11 	support of a petition filed or election conducted under sections 179.16, 179.18 to 179.25, 
17.12 	and 179A.12, and ballots, prior to the time of tabulation, are classified as protected 
17.13 	nonpublic data or confidential data on individuals.
17.14 		Subd. 2.Mediation data. Data received or maintained by the staff or commissioner 
17.15 	of the Bureau of Mediation Services during the course of providing mediation services to 
17.16 	the parties to a labor dispute under chapter 179 are classified as protected nonpublic data 
17.17 	or confidential data on individuals, except to the extent the commissioner of the Bureau of 
17.18 	Mediation Services determines access to data is necessary to fulfill the requirements of 
17.19 	section 179A.16 or to identify the general nature of or parties to a labor dispute.

17.20 	Sec. 41. Minnesota Statutes 2006, section 13.861, subdivision 1, is amended to read:
17.21 		Subdivision 1.Definitions. As used in this section:
17.22 	(a) "Security service" means an organization that provides security services to a state 
17.23 	agency or political subdivisiongovernment entity as a part of the governmentalthat entity 
17.24 	or under contract to it. Security service does not include a law enforcement agency.
17.25 	(b) "Security service data" means all data collected, created, or maintained by a 
17.26 	security service for the purpose of providing security services.

17.27 	Sec. 42. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
17.28 		Subdivision 1.Criminal history data. (a) Definition. For purposes of this 
17.29 	subdivision, "criminal history data" means all data maintained in criminal history 
17.30 	records compiled by the Bureau of Criminal Apprehension and disseminated through 
17.31 	the criminal justice information system, including, but not limited to fingerprints, 
17.32 	photographs, identification data, arrest data, prosecution data, criminal court data, custody 
17.33 	and supervision data. 
18.1 	(b)  Classification. Criminal history data maintained by agencies, political 
18.2 	subdivisions and statewide systems are classified as private, pursuant to section 13.02, 
18.3 	subdivision 12, except that data created, collected, or maintained by the Bureau of 
18.4 	Criminal Apprehension that identify an individual who was convicted of a crime, the 
18.5 	offense of which the individual was convicted, associated court disposition and sentence 
18.6 	information, controlling agency, and confinement information are public data for 15 years 
18.7 	following the discharge of the sentence imposed for the offense. If an individual's name 
18.8 	or other identifying information is erroneously associated with a criminal history and a 
18.9 	determination is made through a fingerprint verification that the individual is not the 
18.10 	subject of the criminal history, the name or other identifying information must be redacted 
18.11 	from the public criminal history data. The name and other identifying information must be 
18.12 	retained in the criminal history and are classified as private data.
18.13 	The Bureau of Criminal Apprehension shall provide to the public at the central office 
18.14 	of the bureau the ability to inspect in person, at no charge, through a computer monitor the 
18.15 	criminal conviction data classified as public under this subdivision.
18.16 	(c)  Limitation. Nothing in paragraph (a) or (b) shall limit public access to data 
18.17 	made public by section 13.82. 

18.18 	Sec. 43. Minnesota Statutes 2006, section 13.87, subdivision 2, is amended to read:
18.19 		Subd. 2.Firearms data. All data pertaining to the purchase or transfer of firearms 
18.20 	and applications for permits to carry firearms which are collected by state agencies, 
18.21 	political subdivisions or statewide systemsgovernment entities pursuant to sections 
18.22 	624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12. 

18.23 	Sec. 44. [13.873] INTEGRATED SEARCH SERVICE DATA SUBJECT ACCESS.
18.24 		Subdivision 1.Definition. For purposes of this section, "integrated search service" 
18.25 	is a service operated by the Bureau of Criminal Apprehension that allows authorized users 
18.26 	to search and view data that are stored on one or more databases maintained by criminal 
18.27 	justice agencies, as defined in section 299C.46, subdivision 2.
18.28 		Subd. 2.Requests by data subject. An individual who is the subject of data 
18.29 	accessible through the integrated search service has access to the service only as provided 
18.30 	in this section. An individual may request that an integrated search service query to locate 
18.31 	data about the individual be performed by state or local law enforcement agencies with 
18.32 	integrated search service access. State and local law enforcement agencies with integrated 
18.33 	search service access shall provide only the following:
19.1 	(1) a list of the government entities that have provided public or private data about 
19.2 	that individual through integrated search service; and 
19.3 	(2) data that describe what is maintained about the individual at each government 
19.4 	entity on the list.
19.5 		Subd. 3.Bureau responsibilities. The Bureau of Criminal Apprehension shall 
19.6 	provide the following information at a public Internet site:
19.7 	(1) a listing of all law enforcement agencies with integrated search service access; 
19.8 	and
19.9 	(2) information for individual data subjects on how to challenge the accuracy or 
19.10 	completeness of data pursuant to section 13.04, subdivision 4.

19.11 	Sec. 45. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
19.12 		Subd. 5.Owner's rights. When the state proposes to purchase in fee or any lesser 
19.13 	interest in land which will be administered by the commissioner of natural resources, the 
19.14 	landowner shall have the following rights:
19.15 	(a) The right to be informed of the specific intended use of the property and of any 
19.16 	change in the intended use of the property which occurs during the acquisition process. 
19.17 	The owner shall also be informed that the documents regarding the purchase will be public 
19.18 	records if the land is purchased by the state;
19.19 	(b) The right to be paid a fair price for the property. The price shall include the 
19.20 	fair market value of the land plus:
19.21 	(1) All necessary incidental costs such as abstracting and recording fees related 
19.22 	to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not 
19.23 	reimbursable; and
19.24 	(2) Any penalties incurred by the owner where the property is security for a loan 
19.25 	or advance of credit that contains a provision requiring or permitting the imposition of a 
19.26 	penalty if the loan or advance of credit is prepaid;
19.27 	(c) The right to payment, at the owner's election, in a lump sum or in up to four 
19.28 	annual installments;
19.29 	(d) The right to have the property fairly appraised by the state. The state's appraiser 
19.30 	shall physically inspect the property and shall allow the owner along to accompany the 
19.31 	appraiser when the appraisal is made. The state's appraiser shall certify in the appraisal 
19.32 	report to having physically inspected the property and having given the landowner an 
19.33 	opportunity to go alongaccompany the appraiser on inspections. Notwithstanding section 
19.34 	13.44, subdivision 3, before an offer is made,  the landowner shall be given a resume of 
19.35 	the state's certified appraisal. The resume shall include the appraiser's conclusions as 
20.1 	to value, acreage and type of land, value of buildings and other improvements, value 
20.2 	of timber, special damages and any special elements of value informed of the value 
20.3 	determined pursuant to section 84.0272;
20.4 	(e) The right to retain a qualified independent appraiser to conduct an appraisal at any 
20.5 	time prior to certification of the state's appraisal of the property and to be reimbursed for 
20.6 	appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state 
20.7 	and to have that appraisal considered along with the state's in certifying the selling price; 
20.8 	(f) The right to have the state acquire the property by means of condemnation upon 
20.9 	the owner's request with the agreement of the commissioner;
20.10 	(g) The right to receive or waive relocation assistance, services, payments and 
20.11 	benefits as provided in sections 117.52 and 117.521; 
20.12 	(h) The right to accept the state's offer for the property and contest the state's offer 
20.13 	for relocation and moving expenses;
20.14 	(i) The right to continue occupancy of the property until full payment is received, 
20.15 	provided that when the owner elects to receive payment in annual installments pursuant to 
20.16 	clause (c), the owner may retain occupancy until the first payment is made; and
20.17 	(j) The right to seek the advice of counsel regarding any aspect of the land 
20.18 	transaction.

20.19 	Sec. 46. Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to read:
20.20 		Subd. 3.Notice of nonrenewal; opportunity to respond. A school board that 
20.21 	declines to renew the coaching contract of a licensed or nonlicensed head varsity coach 
20.22 	must notify the coach within 14 days of that decision. If the coach requests reasons for 
20.23 	not renewing the coaching contract, the board must give the coach its reasons in writing 
20.24 	within ten days of receiving the request. Upon request, the board must provide the coach 
20.25 	with a reasonable opportunity to respond to the reasons at a board meeting. The hearing 
20.26 	may be opened or closed at the election of the coach unless the board closes the meeting 
20.27 	under section 13D.05, subdivision 2, to discuss nonpublic data that are not public data.

20.28 	Sec. 47. Minnesota Statutes 2006, section 171.07, subdivision 1a, is amended to read:
20.29 		Subd. 1a.Filing photograph or image; data classification. The department shall 
20.30 	file, or contract to file, all photographs or electronically produced images obtained in the 
20.31 	process of issuing drivers' licenses or Minnesota identification cards. The photographs or 
20.32 	electronically produced images shall be private data pursuant to section 13.02, subdivision 
20.33 	12. Notwithstanding section 13.04, subdivision 3, the department shall not be required 
21.1 	to provide copies of photographs or electronically produced images to data subjects. 
21.2 	The use of the files is restricted: 
21.3 	(1) to the issuance and control of drivers' licenses;
21.4 	(2) for law enforcement purposes in the investigation and prosecution of crimes; 
21.5 	and to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 
21.6 	investigation and prosecution of crimes, service of process, enforcement of no contact 
21.7 	orders, location of missing persons, investigation and preparation of cases for criminal, 
21.8 	juvenile, and traffic court, and supervision of offenders;
21.9 	(3) for to public defenders, as defined in section 611.272, for the investigation and 
21.10 	preparation of cases for criminal, juvenile, and traffic courts; and
21.11 	(4) to child support enforcement purposes under section 256.978. 

21.12 	Sec. 48. Minnesota Statutes 2006, section 270B.01, subdivision 8, is amended to read:
21.13 		Subd. 8.Minnesota tax laws. For purposes of this chapter only, unless expressly 
21.14 	stated otherwise, "Minnesota tax laws" means:
21.15 	(1) the taxes, refunds, and fees administered by or paid to the commissioner under 
21.16 	chapters 115B, 289A (except taxes imposed under sections 298.01, 298.015, and 298.24), 
21.17 	290, 290A, 291, 295, 297A, 297B, and 297H, or any similar Indian tribal tax administered 
21.18 	by the commissioner pursuant to any tax agreement between the state and the Indian tribal 
21.19 	government, and includes any laws for the assessment, collection, and enforcement of 
21.20 	those taxes, refunds, and fees; and 
21.21 	(2) section 273.1315, subdivision 1. 

21.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.23 	Sec. 49. Minnesota Statutes 2006, section 270B.02, subdivision 3, is amended to read:
21.24 		Subd. 3.Confidential data on individuals; protected nonpublic data. (a) Except 
21.25 	as provided in paragraph (b), the name or existence of an informer, informer letters, and 
21.26 	other data, in whatever form, given to the Department of Revenue by a person, other than 
21.27 	the data subject, who informs that a specific person is not or may not be in compliance 
21.28 	with tax laws, or nontax laws administered by the Department of Revenue, including laws 
21.29 	other than those relating to property taxes not listed in section 270B.01, subdivision 8, are 
21.30 	confidential data on individuals or protected nonpublic data as defined in section 13.02, 
21.31 	subdivisions 3 and 13. This paragraph does not apply to laws relating to property taxes.
21.32 	(b) Data under paragraph (a) may be disclosed with the consent of the informer 
21.33 	or upon a written finding by a court that the information provided by the informer was 
21.34 	false and that there is evidence that the information was provided in bad faith. This 
22.1 	subdivision does not alter disclosure responsibilities or obligations under the Rules of 
22.2 	Criminal Procedure.

22.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

22.4 	Sec. 50. Minnesota Statutes 2006, section 270B.085, is amended by adding a 
22.5 	subdivision to read:
22.6 		Subd. 3.Collection of nontax debt. The commissioner may use return information 
22.7 	for the purpose of collecting debts referred to the commissioner under chapter 16D.

22.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

22.9 	Sec. 51. Minnesota Statutes 2006, section 270B.14, subdivision 3, is amended to read:
22.10 		Subd. 3.Administration of enterprise, job opportunity, and biotechnology 
22.11 	and health sciences industry zone program programs. The commissioner may 
22.12 	disclose return information relating to the taxes imposed by chapters 290 and 297A to 
22.13 	the Department of Employment and Economic Development or a municipality receiving 
22.14 	an enterprise zone designation under section 469.169 but only as necessary to administer 
22.15 	the funding limitations under section 469.169, subdivision 7., or to the Department 
22.16 	of Employment and Economic Development and appropriate officials from the local 
22.17 	government units in which a qualified business is located but only as necessary to enforce 
22.18 	the job opportunity building zone benefits under section 469.315, or biotechnology and 
22.19 	health sciences industry zone benefits under section 469.336.

22.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

22.21 	Sec. 52. Minnesota Statutes 2006, section 273.1315, is amended to read:
22.22 	273.1315 CERTIFICATION OF CLASS 1B PROPERTY.
22.23 		Subdivision 1.Class 1b homestead declaration before 2008. Any property owner 
22.24 	seeking classification and assessment of the owner's homestead as class 1b property 
22.25 	pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2007, 
22.26 	shall file with the commissioner of revenue a 1b homestead declaration, on a form 
22.27 	prescribed by the commissioner. The declaration shall contain the following information:
22.28 	(a) the information necessary to verify that on or before June 30 of the filing year, 
22.29 	the property owner or the owner's spouse satisfies the requirements of section 273.13, 
22.30 	subdivision 22, paragraph (b), for 1b classification; and
22.31 	(b) any additional information prescribed by the commissioner.
23.1 	The declaration must be filed on or before October 1 to be effective for property 
23.2 	taxes payable during the succeeding calendar year. The declaration and any supplementary 
23.3 	information received from the property owner pursuant to this sectionsubdivision shall 
23.4 	be subject to chapter 270B. If approved by the commissioner, the declaration remains 
23.5 	in effect until the property no longer qualifies under section 273.13, subdivision 22, 
23.6 	paragraph (b). Failure to notify the commissioner within 30 days that the property no 
23.7 	longer qualifies under that paragraph because of a sale, change in occupancy, or change 
23.8 	in the status or condition of an occupant shall result in the penalty provided in section 
23.9 	273.124, subdivision 13, computed on the basis of the class 1b benefits for the property, 
23.10 	and the property shall lose its current class 1b classification.
23.11 	The commissioner shall provide to the assessor on or before November 1 a listing 
23.12 	of the parcels of property qualifying for 1b classification.
23.13 		Subd. 2.Class 1b homestead declaration 2008 and thereafter. Any property 
23.14 	owner seeking classification and assessment of the owner's homestead as class 1b property 
23.15 	pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2007, shall file 
23.16 	with the county assessor a class 1b homestead declaration, on a form prescribed by the 
23.17 	commissioner of revenue. The declaration must contain the following information:
23.18 	(1) the information necessary to verify that, on or before June 30 of the filing year, 
23.19 	the property owner or the owner's spouse satisfies the requirements of section 273.13, 
23.20 	subdivision 22, paragraph (b), for class 1b classification; and
23.21 	(2) any additional information prescribed by the commissioner.
23.22 	The declaration must be filed on or before October 1 to be effective for property 
23.23 	taxes payable during the succeeding calendar year. The Social Security numbers and 
23.24 	income and medical information received from the property owner pursuant to this 
23.25 	subdivision are private data on individuals as defined in section 13.02. If approved by 
23.26 	the assessor, the declaration remains in effect until the property no longer qualifies under 
23.27 	section 273.13, subdivision 22, paragraph (b). Failure to notify the assessor within 30 
23.28 	days that the property no longer qualifies under that paragraph because of a sale, change in 
23.29 	occupancy, or change in the status or condition of an occupant shall result in the penalty 
23.30 	provided in section 273.124, subdivision 13, computed on the basis of the class 1b benefits 
23.31 	for the property, and the property shall lose its current class 1b classification.

23.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

23.33 	Sec. 53.  REPEALER.
 23.34 	Minnesota Statutes 2006, section 13.79, subdivision 2, is repealed.